II 110th CONGRESS 2d Session S. 2952 IN THE SENATE OF THE UNITED STATES May 1, 2008 Mr. Menendez (for himself and Mr. Lautenberg) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To improve food safety through mandatory meat, meat food product, poultry, and poultry product recall authority, to require the Secretary of Agriculture to improve communication about recalls with schools participating in the school lunch and breakfast programs, and for other purposes.
1.
Short title
This Act may be cited as the Safe School Lunch Act of 2008.
2.
Mandatory recall authority
(a)
Meat and meat food products
Section 401 of the Federal Meat Inspection Act (21 U.S.C. 671) is amended— (1)by striking Sec. 401. The Secretary may and inserting the following:
401.
Inspection services
(a)
In general
The Secretary may
; and (2)by adding at the end the following: (b)
Mandatory recall authority
(1)
Order to cease distribution
(A)
In general
If the Secretary finds that certain meat or meat food products may cause a serious, adverse health consequence or may be adulterated, the Secretary shall issue an order requiring the appropriate person (including a meat broker, packer, manufacturer, distributor, or retailer of the meat or meat food product) to immediately cease distribution of the meat or meat food product. (B)
Informal hearing
(i)
In general
An order under subparagraph (A) shall provide the person subject to the order with an opportunity for an informal hearing, to be held not later than 10 days after the date of the issuance of the order, on the actions required by the order and on whether the order should be amended to require a recall of the meat or meat food product involved. (ii)
Inadequate grounds
If, after providing an opportunity for a hearing under clause (i), the Secretary determines that inadequate grounds exist to support the actions required by the order, the Secretary shall vacate the order. (2)
Order to recall
(A)
In general
Except as provided in subparagraph (B), if, after providing an opportunity for an informal hearing under paragraph (1)(B)(i), the Secretary determines that the order should be amended to include a recall of the meat or meat food product with respect to which the order was issued, the Secretary shall amend the order to require a recall. (B)
Prohibition
An amended order under subparagraph (A) shall not include a recall of meat or meat food products from individual consumers. (C)
Timetable
The Secretary shall— (i)specify a timetable during which the meat or meat food product recall will occur; and (ii)require periodic reports to the Secretary describing the progress of the recall. . (b)
Poultry and poultry products
Section 18 of the Poultry Products Inspection Act (21 U.S.C. 467) is amended— (1)by striking Sec. 18. (a) The Secretary may and inserting the following:
18.
Inspection services
(a)
In general
The Secretary may
; (2)by striking (b) Upon the withdrawal and inserting the following: (c)
Effect of withdrawal of inspection service
Upon the withdrawal ; (3)by striking (c) The determination and inserting the following: (d)
Judicial review
; and (4)by inserting after subsection (a) (as designated by paragraph (1)) the following: (b)
Mandatory recall authority
(1)
Order to cease distribution
(A)
In general
If the Secretary finds that certain poultry or poultry products may cause a serious, adverse health consequence or may be adulterated, the Secretary shall issue an order requiring the appropriate person (including a poultry broker, packer, manufacturer, distributor, or retailer of the poultry or poultry product) to immediately cease distribution of the poultry or poultry product. (B)
Informal hearing
(i)
In general
An order under subparagraph (A) shall provide the person subject to the order with an opportunity for an informal hearing, to be held not later than 10 days after the date of the issuance of the order, on the actions required by the order and on whether the order should be amended to require a recall of the poultry or poultry product involved. (ii)
Inadequate grounds
If, after providing an opportunity for a hearing under clause (i), the Secretary determines that inadequate grounds exist to support the actions required by the order, the Secretary shall vacate the order. (2)
Order to recall
(A)
In general
Except as provided in subparagraph (B), if, after providing an opportunity for an informal hearing under paragraph (1)(B)(i), the Secretary determines that the order should be amended to include a recall of the poultry or poultry product with respect to which the order was issued, the Secretary shall amend the order to require a recall. (B)
Prohibition
An amended order under subparagraph (A) shall not include a recall of poultry or poultry products from individual consumers. (C)
Timetable
The Secretary shall— (i)specify a timetable during which the poultry or poultry product recall will occur; and (ii)require periodic reports to the Secretary describing the progress of the recall. .
3.
Relationship to school lunch program
(a)
In general
The Secretary of Agriculture (referred to in this Act as the Secretary) shall— (1)establish a program to provide schools that participate in the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) with training relating to— (A)how to stay informed about meat and meat food products subject to a recall under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and poultry or poultry products subject to a recall under the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), including any new recall procedures; (B)how to dispose of meat and meat food products or poultry and poultry products subject to a recall under those Acts; and (C)how to properly inform parents in a timely manner of a recall under those Acts; and (2)make information and training materials accessible to the schools through the information clearinghouse established under subsection (b). (b)
Information clearinghouse
The Secretary shall ensure that the information provided on the website of the Department of Agriculture relating to meat, meat food products, poultry, and poultry products subject to inspection by the Secretary, including information about recalls under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), is— (1)up-to-date; and (2)written in a clear manner that is accessible by school employees and parents. (c)
Regulations
Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate regulations to ensure that the Secretary is able to trace all meat, meat food products, poultry, and poultry products inspected by the Secretary at all times from the slaughter premises to final distribution to schools described in subsection (a)(1).
4.
Food protection review, evaluation, and report
(a)
In general
The Secretary shall conduct a review and evaluation of the meat, meat food product, poultry, and poultry product inspection and recall procedures of the Department of Agriculture. (b)
Requirements
The review and evaluation required under subsection (a) shall— (1)focus on achieving optimal consumer safety and protecting the food supply; and (2)include— (A)a review of the risks to consumer safety at all times from the initial production of a meat, meat food product, poultry, or poultry product until consumption of the meat, meat food product, poultry, or poultry product; and (B)an evaluation of methods to— (i)target resources to achieve maximum risk reduction; (ii)address both unintentional and deliberate contamination; and (iii)use science and modern technology systems to improve protection of the food supply. (c)
Report
Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the results of the review and evaluation conducted under subsection (a).
5.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this Act.